Sen. Chapin Rose

Filed: 3/8/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1328

2    AMENDMENT NO. ______. Amend Senate Bill 1328 on page 1,
3line 5, by replacing "Section 5-9-1.1" with the following:
4"Sections 5-9-1.1 and 5-9-1.5"; and
 
5on page 6, by inserting immediately below line 26 the
6following:
 
7    "(730 ILCS 5/5-9-1.1-5)
8    Sec. 5-9-1.1-5. Methamphetamine related offenses.
9    (a) When a person has been adjudged guilty of a
10methamphetamine related offense involving possession or
11delivery of methamphetamine or any salt of an optical isomer of
12methamphetamine or possession of a methamphetamine
13manufacturing material as set forth in Section 10 of the
14Methamphetamine Control and Community Protection Act with the
15intent to manufacture a substance containing methamphetamine
16or salt of an optical isomer of methamphetamine, in addition to

 

 

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1any other penalty imposed, a fine shall be levied by the court
2at not less than the full street value of the methamphetamine
3or salt of an optical isomer of methamphetamine or
4methamphetamine manufacturing materials seized.
5    "Street value" shall be determined by the court on the
6basis of testimony of law enforcement personnel and the
7defendant as to the amount seized and such testimony as may be
8required by the court as to the current street value of the
9methamphetamine or salt of an optical isomer of methamphetamine
10or methamphetamine manufacturing materials seized.
11    (b) In addition to any penalty imposed under subsection (a)
12of this Section, a fine of $100 shall be levied by the court,
13the proceeds of which shall be collected by the Circuit Clerk
14and remitted to the State Treasurer under Section 27.6 of the
15Clerks of Courts Act for deposit into the Methamphetamine Law
16Enforcement Fund and allocated as provided in subsection (d) of
17Section 5-9-1.2.
18    (c) In addition to any penalty imposed under subsection (a)
19of this Section, a $25 assessment shall be assessed by the
20court, the proceeds of which shall be collected by the Circuit
21Clerk and remitted to the State Treasurer for deposit into the
22Criminal Justice Information Projects Fund. The moneys
23deposited into the Criminal Justice Information Projects Fund
24under this Section shall be appropriated to and administered by
25the Illinois Criminal Justice Information Authority for
26distribution to fund the Department of State Police funding of

 

 

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1drug task forces and Metropolitan Enforcement Groups by
2dividing the funds equally by the total number of Department of
3State Police drug task forces and Metropolitan Enforcement
4Groups.
5    (d) In addition to any penalty imposed under subsection (a)
6of this Section, a $40 assessment shall be assessed by the
7court, the proceeds of which shall be collected by the Circuit
8Clerk. Of the collected proceeds, (i) 90% shall be remitted to
9the State Treasurer for deposit into the Prescription Pill and
10Drug Disposal Fund; (ii) 5% shall be remitted for deposit into
11the Criminal Justice Information Projects Fund, for use by the
12Illinois Criminal Justice Information Authority for the costs
13associated with making grants from the Prescription Pill and
14Drug Disposal Fund; and (iii) the Circuit Clerk shall retain 5%
15for deposit into the Circuit Court Clerk Operation and
16Administrative Fund for the costs associated with
17administering this subsection.
18(Source: P.A. 98-537, eff. 8-23-13; 99-480, eff. 9-9-15.)".